PRIME NEWS POST 

The INDONESIAN, (Jakarta)– Claims that the search of former Jampidsus Febrie Adriansyah’s residence by Polri’s Special Crimes Task Force (Kortas Tipikor) amounted to a “fishing expedition” – or a deliberate attempt to manufacture evidence – have immediately crumbled when weighed against established legal principles.

Arguments that Febrie was never questioned as a witness prior to the search carry no firm basis under Indonesian criminal procedure law.

The Criminal Procedure Code (KUHAP) does not require a person to be examined as a witness before investigators may conduct a search of premises reasonably suspected to contain evidence of a crime.

Accordingly, the legality of the search does not hinge on whether Febrie had previously been questioned as a witness.

The legal test rests on three points: whether investigators possessed sufficient factual grounds to suspect evidence linked to a crime was present at the location; whether the action followed statutory procedures; and whether items found and seized bear a connection to the case under investigation.

This is precisely what must be examined openly. If parties allege the search was a fishing expedition, they must prove that police acted without basis, without a clear investigative target, conducted the search arbitrarily, or seized items entirely unrelated to any criminal offense.

It is not enough to simply state that Febrie had not been questioned as a witness and then label all subsequent police action as abuse of power.

The logic that a person must first be examined before any property linked to them may be searched could even run counter to investigative interests.

In certain cases, prior notification or examination would provide opportunities for parties concerned to move, conceal, alter, or destroy evidence.

Criminal procedure law grants investigators latitude to act where legitimate investigative needs exist, while keeping courts as the oversight mechanism for any use of coercive measures.

The “fishing expedition” claim becomes even less credible when viewed against subsequent developments in the case.

Evidence uncovered by the police did not remain disconnected or legally ambiguous. Following the handover of the case, the Attorney General’s Office reviewed the legal framework and evidence submitted, upheld the suspect status previously determined, issued new investigation orders, and opened a separate probe into alleged money laundering.

These developments do not automatically validate every procedural step taken by the police. The legality of searches and seizures remains subject to challenge through available legal channels.

Yet the fact that the findings were deemed substantial enough to warrant further investigation by the prosecution raises a fundamental logical contradiction for those claiming police were merely casting about without direction.

If there was no merit to the case, why did the legal framework continue to unfold? If the evidence found was entirely irrelevant, why did the receiving law enforcement body launch new investigative lines? If the entire process was pure speculation from the outset, how does one explain the initiation of money laundering investigations after the case file and evidence were reviewed?

This underscores the critical distinction between procedural validity and substantive merit.

Procedural aspects of the search may be tested in court. Substantively, however, the findings in this case have proven serious enough to trigger expanded investigation.

Equating perceived procedural concerns with the conclusion that the entire case is the product of random search is an unwarranted leap in reasoning.

Criticism also rests on misplaced application of time limits.

The KUHAP does allow emergency searches subject to the obligation to seek approval from the relevant District Court within statutorily prescribed deadlines.

Therefore, any assessment of violations must be based on the timing of the search, justification for urgency, date of application for court approval, and supporting official documentation.

Declaring an action automatically void without first establishing the chronology and reviewing procedural records amounts to passing judgment before the facts have been examined.

Similarly, searches and seizures are distinct legal instruments with separate frameworks and requirements.

If cash, foreign currency, gold, documents, or other movable items suspected of being linked to a crime are discovered during a search, the legality of their seizure must be assessed under provisions governing seizure—including possible urgency grounds and the requirement to obtain judicial approval.

Constructive debate should instead focus on verifiable facts: what grounds justified the search, what was sought, what was found, what was seized, when actions were carried out, when court approval was sought or granted, and how the items relate to the alleged offense. All of these may be objectively verified.

Likewise, citing Miranda Rules to conclude that a search is automatically unlawful solely because legal counsel was not present must be kept in proper perspective.

The right to legal assistance is a fundamental protection in criminal proceedings, particularly when a person is questioned as a suspect. It does not mean, however, that every search of a residence must halt until the occupant’s lawyer arrives.

Attempts to link the search of Febrie’s home to alleged retaliation over investigations into the Petral or Free Nutritious Meals (MBG) cases also require far more substantial proof.

Claims that law enforcement action was intended to undermine other cases cannot be sustained merely by proximity in timing or rank of the official involved.

There must be factual evidence establishing motive, instructions, selective removal of documents, interference, or concrete steps aimed at halting those proceedings.

Without such proof, assertions of a “counter‑attack” remain political speculation or opinion, not legal conclusions.

The “fruit of the poisonous tree” doctrine also cannot be invoked as a blanket rule to automatically exclude all evidence simply because procedural objections are raised.

Where coercive measures are alleged to be unlawful, legal mechanisms for review exist. Parties claiming harm may challenge the action through due process, and courts will assess the evidence, documentation, chronology, and arguments presented.

In other words, evidence does not become illegal merely because an observer labels the search a fishing expedition. Conversely, investigators cannot expect the public to accept all procedures as correct without scrutiny. Every claim must be proven.

Precisely because this case involves a former senior law enforcement official, standards of transparency must be higher. Polri must demonstrate that every action was grounded in law and evidence.

The Attorney General’s Office must ensure case development proceeds professionally. Febrie’s legal team must be afforded full scope to exercise all procedural rights. Courts must remain the forum for adjudication—not public opinion in place of judicial rulings.

One principle, however, must not be inverted: the fact that a person has not been questioned as a witness does not grant their residence immunity from search where investigators possess lawful and factual grounds to act.

Labeling the search of Febrie’s residence a fishing expedition before reviewing search warrants, judicial authorization, urgency justifications, inventory of seized items, and their connection to the alleged offense is premature.

Ironically, now that the evidence and legal construction have been reviewed and have given rise to further money laundering investigations, the burden of explanation shifts back to those who claim investigators were merely “fishing.”

A fishing expedition implies casting a net without knowing what is being sought.

When substantial assets are uncovered, the case is expanded, legal status is upheld, and new money laundering investigations are opened, the claim that the process was directionless from the outset becomes increasingly difficult to defend.

Reported from various media sources //photo from Google documents // contribution by Prime News Post international online media // news.paper
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